Lawpoint Uganda

The law says that if this 28-day step is not taken, the case “abates.” In simple terms, this means the case is automatically brought to an end, not because the claim is weak, but because the person bringing the case failed to follow the procedure on time. This rule is found in Order 11A of the Civil Procedure Rules, which was updated in 2019 to help courts handle cases faster and avoid unnecessary delays.

A pending bankruptcy petition does not automatically justify a stay of execution. Proper procedure and clear evidence of inability to pay are essential. Inherent powers of court cannot be invoked prematurely or to circumvent due process.

Even after an interlocutory judgment is entered, the Plaintiff must still prove their claim for damages on the balance of probabilities.This remains true whether the suit proceeds ex parte or inter partes

Pleadings are, unlike affidavits, not evidence... With respect, learned counsel is basing on the words 'who is able to depose to the facts of the case' appearing in O.29 r.1 to surmise that only principal officers of a corporation are competent to swear affidavits. That is an incorrect construction. What is required in affidavits is the knowledge or belief of the deponent… not authorisation by a party to the litigation. Competency is pegged to the ability to depose to the fac

A written retainer is not the only way to prove an advocate-client relationship. Courts may infer such a relationship from the conduct, communications, and interactions between the parties. However, absent a clear retainer or conduct signifying mutual agreement, no such relationship can be presumed. Where no advocate-client relationship exists, a law firm is not barred from representing a party, even if it previously interacted with the opposing party in a general advisor

The High Court held that the Applicants had no legal capacity to sue over the suit land because they had not obtained letters of administration for the estate of the late Musa Musoke Kiwumumpu, whose interests they purported to represent. Citing section 187 of the Succession Act, the Court emphasized that no right to a deceased’s property can be established in court without first obtaining letters of administration.

A consent order is binding unless obtained by fraud, collusion, mistake, or misapprehension, or if it violates court policy or lacks materia

Courts are inclined to maintain the balance between preserving the appellant’s right of appeal and protecting the respondent’s entitlement t

The Supreme Court referenced its previous decisions which affirm that courts must allow a full hearing where preliminary objections have be

The court emphasized that it cannot grant an injunction or stay an interest in land that it has previously determined to be nonexistent.

It was held that Originating Summons is not a procedure suitable for resolving disputed questions of fact or cases requiring considerable am

The court emphasized that affidavits should be filed before the hearing of the motion, but the law is silent on the exact timing. In this ca

Civilians can be subject to military law where they are charged with aiding and abetting serving UPDF Officers to commit service offences.

Military courts do not confer jurisdiction upon civilian courts unless explicitly provided for by statute.

Courts are empowered to make orders to serve the ends of justice, including setting aside ex parte decrees if the applicant demonstrates suf

Together, we must stand united in defending the principles of fairness, democracy, and transparency,

In examining the question as to whether a suit is barred by limitation, reference is made to the plaint and the annexures thereto.

costs follow the event" is not a rigid rule mandating costs for the successful party

In determining whether a plaint discloses a cause of action, the court must solely consider the plaint and its annexures, if any, and no oth

The litigants in this matter have so far filed several petitions and applications which in effect arise out of the same subject matter, ye

A Power of Attorney is an instrument in writing that specifies a Donor (the Principal)ontheonehand,andaDonee(theagent)on the other hand

In an application for enlargement of time to file an Appeal, the discretion to open or not open the gates of Court is vested in the Court.